Terms and Conditions

 

1. SUBJECT MATTER AND SCOPE
2. RESERVATION OF PRODUCTS, SUBMISSION OF ORDERS, AND ORDER CONFIRMATION
3. PRODUCT AVAILABILITY, SELLING PRICE, SHIPPING COSTS, AND PAYMENT METHODS
4. SHIPMENT AND DELIVERY OF PRODUCTS
5. IMPORT TAXES AND CUSTOMS DUTIES
6. RIGHT TO WITHDRAW
7. DEFECTIVE PRODUCTS
8. GOVERNING LAW AND JURISDICTION

 

1. SUBJECT MATTER AND SCOPE
1.1 The general terms and conditions (the “General Terms & Conditions”) set out herein govern  the offer and sale of goods under the AD Alessi Domenico trademark (the “Products”), manufactured by Alessi Domenico S.p.A. (“AD” or the “Manufacturer”), with registered office at Via dei Tulipani 3/5, Bassano del Grappa (VI),VAT ID No. 00541780243, in cases where the Products are ordered and purchased through this website: www.alessidomenico.com (the “Website”).
1.2 The sale of Products through the Website is managed by the company Calicantus S.r.l. (the “Seller”), with registered office at Via L. Mazzon 30, Quarto D'Altino (VE), VAT ID No. 03757590272. The Seller being an agent without representation, manages, in its own name and on behalf of the Manufacturer, the orders (“Orders”), the collection of payments, as well as aftersales services relating, by way of example and not limited to, withdrawals, returns, and refunds.
1.3 For any communication, request for information, or assistance regarding the management of Orders and sales contracts concluded through the Website, the Seller may be contacted via the contact form (the “Customer Service”).
1.4 These General Terms & Conditions provide information on how to:
− Place Orders through the Website;
− Cancel an Order;
− Conclude sale contracts through the Website;
− Contact the Seller to manage Orders and sale contracts concluded through the Website;
− Exercise the right of withdrawal, when allowed by law and/or these General Terms & Conditions.

2. RESERVATION OF PRODUCTS, SUBMISSION OF ORDERS, AND ORDER CONFIRMATION
2.1 The Website allows Customers to browse and make purchases, with or without registration, regardless of the country (“Country”) in which they are physically located at the time of accessing the Website.
2.2 The Website has been designed to recognise the Country of the Customer based on their IP address. In the event of multiple subsequent accesses from the same IP address, the Country last selected in the previous session will be automatically proposed. However, the Customer may select a different Country at any time from the menu available on each page of the Website.
2.3 In order to purchase the Products online through the Website, the Customer is required to navigate to the designated area of the Website. Within this area, each Product available for purchase is provided with a picture, a description, and its corresponding price (the “Catalogue”).  
2.4 AD and the Seller undertake to ensure that the information regarding the Products displayed in the Catalogue is as accurate and up-to-date as possible, also in relation to the availability of different sizes, where relevant. It is understood that the images and illustrations of the Products are solely intended for descriptive purposes and may not correspond perfectly to the characteristics of the Product. This is particularly the case with regard to details (such as designs, colours, workmanship, textures, etc.), which may not accurately reflect the actual features of the Product. Please note that this may also be due to the device used by the Customer to browse the Website.
2.5 The Customer may select and place a reservation for one or more Products from the Catalogue.
To this end, the Customer is required to select the Product, specify the quantity and the size (if applicable), and indicate any personalisation to be applied to the Product (if such a service is available for the selected Product). The Products selected by the Customer will be added to the virtual shopping cart. The virtual shopping cart can be accessed by the Customers, who may then further modify their reservations, by adding or removing Products from the list, as well as by selecting additional available services (such as gift cards, packaging, etc.).
2.6 The Customer must provide all necessary details to finalise the Order and complete the purchase. Customers may register and create an online account to save their personal details and avoid re-entering them for future purchases.
2.7 The Customer, either by registering or by completing the relevant form to finalise the Order, shall provide several details- such as email address, shipping address, billing address, VAT ID number (if applicable). Moreover, the Customer is required to select the payment method and shipping option in order to finalise and submit the Order.
2.8 In order to confirm and submit the Order, the Customer is required to provide the details specified in point 2.7 above, and to accept these General Terms & Conditions and the Privacy Policy available at the following link.
AD and the Seller therefore invite the Customer to carefully read these General Terms & Conditions and the Privacy Policy before completing the Order on the Website.
2.9 Upon submission of the Order, the Customer will receive an automatic email confirming the successful completion of the process. However, the sale contract will be deemed formally concluded only upon the Seller’s acceptance of the Order, which will be sent by the Seller to the Costumer via a separate email (the “Order Confirmation”). The Order Confirmation is generally sent within 1-2 working days of receipt of the Order.
2.10 The Customer is entitled to cancel the Order prior to the Seller’s issuance of the Order Confirmation. Should the Customers encounter any issues with the Order, they may contact the Customer Service.
2.11 The Seller reserves the right to refuse the Order in the event that the information provided by the Customer is found to be inaccurate, incomplete, or misleading, or if there are errors on the Website pertaining to the ordered Products (including, but not limited to, errors related to price, availability, or product descriptions).
2.12 In the event of multiple Products being purchased, the Order cannot be partially accepted by the Seller, who therefore will proceed to refuse all Products listed in the Order. In this event, the Seller shall inform the Customer of the reason for the refusal, thus giving the Customer the opportunity to place new Order.

3. PRODUCT AVAILABILITY, SELLING PRICE, SHIPPING COSTS, AND PAYMENT METHODS
3.1. All Products listed in the Catalogue shall be deemed available in the Manufacturer's warehouse.

In the event of any unforeseen circumstances arising due to the temporary unavailability of the ordered Products, the Customer will be promptly informed by the Seller via email.

3.2 The unit sales price for each Product listed in the Catalogue is indicated in the following currencies: € (euros), £ (pounds), and $ (dollars). These prices are inclusive of VAT (Value Added Tax). Please be advised that VAT may be subject to variations upon finalisation of the Order, depending on the Customer's chosen Country of destination.
3.3 The prices displayed in the Catalogue do not include the costs for additional services, such as, by way of example, gift wrapping and personalisation services (engravings, gift notes, etc.) offered on the Website or agreed upon with the Seller.
3.4 The prices displayed in the Catalogue do not include shipping costs. Shipping costs are subject to variation due to several factors, including without limitation: the Country of destination, the delivery method, the type of Product, the quantity of Products to be shipped, their volume and weight. The exact amount of shipping costs will be determined during the Order finalisation process
and outlined separately in the Order Confirmation.
3.5 Upon agreement with AD, the Seller may offer more favourable shipping conditions, in accordance with the terms of the relevant offer published on the Website.
3.6 The payment shall be made by the Customer using the method selected and specified in the Order. This payment shall be made within twenty-four (24) hours of issuance of the Order Confirmation (the “Payment Deadline”). The Customer shall therefore check their email inbox in order to ensure that payment is made within the Payment Deadline. It is possible to make the required payment by credit or debit card. In particular, the Seller accepts the following payments methods: Visa, MasterCard, American Express, and Maestro cards.
3.7 In the event of failure by the Costumer to pay the total amount indicated in the Order Confirmation within the Payment Deadline, the Seller will be entitled to terminate the sale contract by means of a termination notice to be sent to the Customer.

4. SHIPMENT AND DELIVERY OF PRODUCTS
4.1 Shipment of Products shall take place provided that the amount indicated in the Order Confirmation has been duly paid by the Customer within the Payment Deadline. This amount includes the price, as well as the costs of any additional services and shipping costs. Once payment has been made in accordance with the methods specified in Article 3.6 above, the Seller shall provide the Customer with all relevant information regarding the shipment of the purchased Product via email. In the event of multiple Products being purchased, all Products will be delivered in a single shipment.
4.2 The shipment of the Products is made by means of express courier (either national or international depending on the Country of destination) to the address specified by the Customer.
Please note that deliveries cannot bet made to military zones, restricted areas, collection points, or P.O. boxes.
4.3 Products are shipped exclusively during working days, from Monday to Friday. In the event of Products being shipped within Italy, the shipment is approximately completed within 2-3 working days of the date of dispatch. In the event of Products being shipped within the European Union, the shipment is approximately completed within 4-5 working days of the date of dispatch. In the event
of Products shipped to non-EU countries, shipment is approximately completed within 6-7 working days of the date of dispatch.

4.4 The Seller undertakes to deliver the Product within thirty (30) days of the Order Confirmation, unless a different delivery time has been mutually agreed upon by the Seller and the Customer as a result of the Customer’s additional requests, including without limitation, the implementation of a personalisation service.
4.5 In the event of a delay in the delivery of Products due to circumstances beyond the Seller’s control (for example, unforeseen customs delays in international shipments), the Seller will promptly inform the Customer and endeavour to mitigate any negative effects resulting from the delay. In the event of non-delivery of the Product within thirty (30) days of the Order Confirmation, the Customer may contact the Customer Service in order to arrange a new delivery time. As an alternative option, the Customer may cancel the Order and obtain a refund for the amounts paid.
4.6 Upon delivery, the Customer, the recipient of the Product (if different from the Customer), or their authorised person as specified in the Order, shall confirm the successful delivery of the purchased Products at the specified delivery address by signing the relevant bill of lading. With regard to specific product categories, the Seller reserves the right to deliver the Products exclusively to the recipient specified in the Order, and to further verify their identity for confirmation purposes.
4.7 Ownership of the Product and all associated risks shall be transferred upon delivery of the Product to the Customer, the recipient of the Product (if different from the Customer), or their authorised person as specified in the Order.

5. IMPORT TAXES AND CUSTOMS DUTIES
5.1 Products sold and delivered within Italy or the European Union are not subject to any import taxes and/or customs duties.
5.2 Products delivered to countries outside of the European Union may be subject to import taxes and/or customs duties, which shall be borne by the Customer. The Customer is required to contact the competent customs authorities of the destination country in advance in order to assess any applicable import taxes and/or customs duties.

6. RIGHT TO WITHDRAW
6.1 The Customer qualifying as a consumer (the “Consumer”) under Article 3, paragraph 1, letter a) of Italian Legislative Decree No. 206 of 6 th September 2005 (the “Consumer Code”) is entitled to withdraw from the sale contract in accordance with Article 52 of the Consumer Code. The right of withdrawal may be exercised within fourteen (14) calendar days of the date of receipt of the Products purchased through the Website (the "Withdrawal Period"). In order to exercise the right of withdrawal, the Consumer shall submit a written notice to the Seller (the "Withdrawal Notice") through the designated "Request a Return for Right of Withdrawal" form available on the Website.
6.2 Without prejudice to the warranty for non-conformity of the Product (see point 7.3 herein below), the Customer is prevented from exercising the right of withdrawal in the specific cases provided for in Article 59 of the Consumer Code, including but not limited to:
a. the case where purchased Products are subject to fluctuations in the financial market that AD and the Seller cannot control and that may occur during the Withdrawal Period;

b. the case where purchased Products were tailor-made or customized, including the case where products were customised with details or engravings specifically requested by the Consumer.
6.3 Upon receipt of the Withdrawal Notice, the Customer Service will contact the Consumer to obtain information regarding the condition of the Product and to arrange for its return. On the agreed date, the logistics partner appointed by the Seller (the “Logistics Partner”) will collect the Product at the address specified by the Consumer. The Product must be returned in its original packaging, properly sealed by the Consumer. Furthermore, the Consumer is required to return any other accessories, the warranty, and the documents included in the original packaging, along with any additional documents that may be requested and specified by the Customer Service. During the return procedure, the Seller will communicate to the Consumer the amount of any contribution required for organizing the return. This amount will be deducted from the final reimbursement provided for by Article 6.6 herein below.
6.4 In the event the Product is not successfully collected by the Logistics Partner on the agreed date, either Customer Service or the Logistics Partner will contact the Consumer to schedule a new collection. Following two unsuccessful collection attempts, the Consumer shall be responsible for organizing the return shipment and shall bear the associated costs. In the event that the Consumer
fails to make the Product available for collection by the Logistics Partner within fourteen (14) days of the issuance of Withdrawal Notice, the withdrawal shall be deemed definitively forfeited.
6.5 In the event that the Consumer entrusts a logistics provider different than the one appointed by the Seller, shipping costs, in addition to any associated risk of loss or damage during transportation, shall be borne exclusively by the Consumer until the Product is delivered to the Seller.

6.6. Provided that the Consumer exercises the right of withdrawal within the Withdrawal Period and the Product is returned pursuant to Article 6.3 above, the Seller shall reimburse the price and the initial shipping charges applied to the purchase. The reimbursement of the initial shipping charges will be excluded if the Consumer, at the time the Order was placed, opted for a delivery method other than the least costly delivery option made available from the Seller at such time.The reimbursement will be processed within fourteen (14) working days of the delivery of the Product to the Seller. The reimbursement will be made using the same payment method chosen by the Consumer for the purchase, or via the alternative method specified by the Consumer within the Withdrawal Notice.
6.7 The returned Products shall be in perfect condition and without any indication of damage. In the event that the returned Products are incomplete or damaged due to events attributable to the Consumer, the price and the initial shipping charges will not be reimbursed to the Consumer by the Seller.
6.8 In the event of a return being requested by the Costumer due to an error attributable to the Seller, the related shipping costs shall be borne by the Seller. In such cases, however, the Customer is required to contact the Customer Service by completing and submitting the designated "Return for defective, damaged, or incorrect order" form available on the Website.

7. DEFECTIVE PRODUCTS
7.1 Upon delivery of the Product, the Customer shall carry out a thorough inspection in order to ascertain the presence of any defects.. If any defects not attributable to the Customer are found at the time of delivery, the relevant legal warranty shall apply.

7.2 In the event that a defect is found by the Customer, the latter is required to notify the Seller in writing of any such defects by completing and submitting the "Return for defective, damaged, or incorrect order" form available on the Website.
7.3 If a lack of conformity and/or defect is found by a Consumer, the provisions set out in Articles 129 et seq. of the Consumer Code (or any more favourable and mandatory consumer protection regulations, as specified in 8.2 below) shall apply, provided that the lack of conformity and/or defect existed at the time of delivery and no more than two years have passed from delivery Once it has been determined that the defect and/or the lack of conformity is not attributable to the Consumer, the latter shall be entitled to any of the following remedies, to be provided by the Seller at its own expenses:

a) Repair of the Product;

b) Replacement of the Product;

c) Proportional price reduction;

d) Termination of the sales contract. The aforementioned remedies are available to the Consumer in accordance with the relevant provisions of the Consumer Code.

8. GOVERNING LAW AND JURISDICTION
8.1 The sales contracts concluded through the Website pursuant to these General Terms & Conditions shall be governed by Italian Law. The application of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded.
8.2 Sales contracts concluded with Consumers are also subject to the provisions set out in the Consumer Code. In the event of sale contract concluded with Consumers residing in a country other than Italy, the application of any more favourable and mandatory provisions of that country’s law shall prevail, particularly with respect to the right of withdrawal, the deadline for returning the Products in case of withdrawal, the procedures and formalities for exercising the right of withdrawal, as well as the legal warranty of conformity.
8.3 Any dispute pertaining to the validity, interpretation, and execution of these General Terms & Conditions and the sales contracts concluded through the Website shall be subject to the exclusive jurisdiction of the Court of Vicenza. For sale contracts concluded with a Consumer, the court of the place where the Consumer resides or has its domicile shall have jurisdiction, as provided for by the Consumer Code.